Lifetime Chaperone in New York, Endowed Chair in Wisconsin

Sex with patient brings 'moral unfitness' decision in one state; another calls it 'minor'

by John Fauber John Fauber,Reporter, Milwaukee Journal Sentinel/MedPage Today
February 28, 2018

This story is part of a major investigation by MedPage Today and the Milwaukee Journal Sentinel into physicians who had public actions against their licenses in one state, but are able to practice elsewhere with "clean" licenses.

John Siebert, MD, a University of Wisconsin (UW) plastic surgeon, performed multiple surgeries at New York University Medical Center on a woman with whom he had a sexual relationship between 2006 and 2008. He was disciplined by the state of New York for the relationship in 2013, though the investigation began in 2009.

His "inappropriate intimate relationship" with a patient was determined to be professional misconduct, according to an action by New York's Office of Professional Medical Conduct.

Siebert's license in New York was suspended for three years. The board stayed the suspension, put Siebert on probation and ordered him to have a chaperone whenever he saw a female patient. It is a condition that stays with him for as long as he is licensed in New York.

In 2011, UW hired Siebert full-time. He had been working there on a part-time basis.

When the Wisconsin Department of Safety and Professional Services sought information about his case, an attorney with NYU declined to turn over its internal investigation, according to an email obtained from the Wisconsin agency.

After New York imposed the chaperone requirement in 2013, UW worked out its own chaperone requirement with Siebert. Unlike New York's, which is permanent, UW's requirement can be reopened in the future. And the UW requirement only applies to Siebert's work for the university; it does not apply to any work he might do elsewhere in Wisconsin.

In New York, the suspension and chaperone requirements are public information. On Wisconsin's licensing website, there is no mention of his New York case or any limits on his practice.

After New York's disciplinary action, the Wisconsin medical board looked into the case and decided to put no restrictions on his license. Its review included documents from the New York medical board, UW and an interview with Siebert.

While New York said Siebert showed a "moral unfitness to practice," Wisconsin officials described his sex with a patient as "a minor or technical violation" that was "not seriously harmful to the public."

A month before that ruling, it was announced that Wisconsin billionaire Diane Hendricks, who was treated by Siebert in 2014, had put up $1.75 million to help fund two endowed chairs at the University of Wisconsin, including one now held by Siebert.

With a net worth of $4.9 billion, Hendricks, 70, is the second-richest woman in America, according to Forbes magazine. She has been a major contributor to Wisconsin Gov. Scott Walker, who appoints all 13 members of the state's medical board. She gave $500,000 to Walker's 2012 recall campaign and $5 million toward his 2016 presidential run.

In a telephone interview, Hendricks said she never discussed Siebert with the governor. She said she was aware of "a blemish" on his record before she funded the UW endowed chair.

"To me it was insignificant," she said, adding: "He is a wonderful physician."

A spokesperson for Wisconsin's medical board said the Walker administration is not involved in reviewing complaints against physicians.

In an email response to questions, Siebert said the incident in New York "was a mistake that I made and for which I have accepted responsibility and followed all requirements. I am proud I've been given the opportunity to move ahead and provide the care that I was trained to give."

In a statement, UW spokeswoman Lisa Brunette said Siebert was hired because he is "one of the most gifted surgeons in the nation, perhaps the world," noting that he is a world leader in treatment of a rare deformity involving soft tissues in the face.

However, just before he was hired by UW, Siebert told New York state investigators, who were looking into the case involving the patient he had sex with, that he had recently resigned from another institution, Lenox Hill Hospital, which has an academic residency affiliation with NYU, "in lieu of being fired."

Siebert said that while he recalls making the comment, he was not going to be fired.

"It was meant to be sardonic in light of a difficult situation," he said in an email.

In 2013, Lynn Lowy, the associate general counsel for NYU, said in an email to Wisconsin licensing officials that Siebert no longer worked there as they had "issues." Lowy also told Wisconsin investigators that NYU could not release its internal investigation of Siebert.

NYU spokesperson Allison Clair would not comment on why the university's investigation of Siebert was not turned over to Wisconsin investigators or what it involved.

In an email, she said NYU "acted in accordance with all ethical and legal standards with regard to Dr. John Siebert, including filing mandated reports with the New York State Department of Health and the National Practitioner Data Bank."

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